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Friday, June 30, 2006

Sanchez-Llamas: Vienna Convention Does Not Require Suppression

In Sanchez-Llamas v. Oregon, No. 04-10566 (June 28, 2006), the Supreme Court held that a violation of Vienna Convention’s requirement that a foreigner’s consulate be notified of his detention did not result in suppression of statements given to police as a remedy for this violation.The Court noted that the Convention does not mandate suppression, but leaves implementation to domestic law. The Court noted that its supervisory authority did not extend over State courts. Moreover, suppression for a violation of the Vienna Convention, unlike for a violation of a Fourth or Fifth Amendment right, would be a vastly disproportionate remedy.The Court also held that violations of the Vienna Convention were subject to State procedural default rules. The Court recognized that the International Court of Justice has interpreted the Convention to preclude the application of procedural default rules. But the Court held that it was not bound to follow the ICJ’s decisions.